Hubbard v. Gates

Decided May 31, 1910

Supreme Court of Missouri · decided 1910-05-31

— Hon. C. A. Mosman, Judge. (1) As to the pojnt that the record does not disclose that appellant excepted) to the court’s action in overruling the motion for a new trial, we entertain the view that an announcement of the trial court and that exception is made to all adverse rulings of the court, is a sufficient answer to this point. But in addition, it will be borne in mind that the respondent is contend-' ing that this is an equity case.

Relies on Reed v. Colp · State v. Harris

AEEIKMED · Decided 1910-05-31

WOODSON, J.

¶1The record in this case nowhere shows that any exceptions were taken or saved by appellant to the action of the trial court in making its findings of fact or in overruling his motion for a new trial.

¶2Upon such a state of the record, we have frequently held that there was nothing before this court for consideration, except the record proper. [Reed v. Colp, 213 Mo. 577; State v. Harris, 216 Mo. 393.]

¶3And finding no error upon the face of the record proper, the judgment should be affirmed; and it is so ordered.

All concur.